Buchanan Fined...
(Continued from piigr 1)
Annette Buchanan made a promise in good faith,’’ Johnson said.
“All she has done is to steadfastly stand by that promise.
“Nothing is more essential to the process of justice than honesty
and integrity. Annette Buchanan’s word was her bond," he went on
as Leavy listened intently, his chin resting on his hand.
Johnson cited cases to show that, when contempt is not com
mitted in the presence of the judge, willful intent to bring dishonor
and disrespect on the court must be shown.
He refuted Frye’s “mechanical” approach, which was that Miss
Buchanan had violated a court order and was therefore in con
tempt.”
ACT PLUS INTENT
“It is not just the act which brings the contempt but the act
combined with willful intent to bring dishonor on the court,"
Johnson said.
He pointed out that Miss Buchanan has refused the “easy out" of
saying she didn’t remember the names of the students.
He reiterated his view that forcing a reporter to reveal sources
of information can be an abridgement of freedom of the press.
“The state has not shown that this information is essential to the
administration of justice and not otherwise available," two condi
tions Johnson says should be met before a reporter is forced to
reveal sources of information. He cited cases which said each case
should be weighed on its merits.
GENERAL INQUIRY
He also noted that a press release issued by Frye when Miss
Buchanan was first subpoenaed indicated that the Grand Jury
inquiry was a general one "as much to allay public fears" about the
drug problem as to find its sources.
Johnson called it “an insult to the fine police agencies of Lane
County that a 20-year-old reporter can get information in one
evening which is not available to the police.”
In his 40-minute rebuttal of Johnson’s arguments, Frye said,
“This is not a case involving freedom of the press. It involves the
law of the land and the dignity of this court."
He said the key issue was "the power of the court to enforce its
decrees.”
“TOO SIMPLE”
He said it was "too simple” to plead the case on the basis of the
First Amendment to the Constitution. "No court has yet held that
the First Amendment allows a reporter to withhold sources. The
First Amendment is not a protection for the press. It is a protection
for the public.”
He argued that the question of willfulness and intent was appli
cable only on the question of punishment.
Frye also attacked the press coverage of the case. He said he
had been ‘‘pilloried by some of the press” and the court had been
"castigated” by the press.
He said the case “has created the interest it has because it has
the interest of a vocal group which has the tools to build that
interest.”
He also said the Grand Jury had a “legitimate right” to ask Miss
Buchanan for the names.
“It is conceivable that other persons have the same information,”
he admitted, "but I know of no law that allows one witness to be
silent because others are able to testify.”
He said, “it is established without a doubt that journalistic
privilege must be statutory” and that in the absence of statute there
is no privilege.
Frye maintained that “there is no more reason to grant anony
mity to a journalist than to any other group” and pointed out that
“there is not one case which has permitted a witness to avoid
punishment because he is a member of a particular group.”
Referring to a statement made by Stephen Still, managing editor
of the Oakland, Calif., Tribune the day before, Frye said, “It was
incomprehensible to me to hear an editor say that a journalistic
tradition should rise above the law.”
He said there was "no evidence that the procedures followed with
this witness were not normal.”
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Privilege for Newsmen
McCall Will Back New Law
PORTLAND (UPI)—Secretary
of State Tom McCall has moved
into the Annette Buchanan case
with an offer to Oregon's publish
ers and broadcasters to spear
head a drive for legislation to
Hulteng Says
Law Needed
John L. Hulteng, dean of the
University’s School of Journal
ism, has issued a statement con
cerning the Annette Buchanan
case.
Part of Hulteng's statement:
“It is essential to the function
ing of our representative system
of democracy that the public
have the benefit of a full, free
(low of news.
“The press does not usually
conceal its sources. Typically, a
news account fully and clearly
indicates the source of the news it
reports. But in some situations, in
order to put before the public cer
tain kinds of news that the pub
lic needs to know about, reporters
must accept news in confidence
and publish it without identifica
tion. They do this because they
could not otherwise obtain such
news. In these circumstances, the
press should not be subjected to
harassment by prosecutors bran
dishing the threat of contempt
proceedings to force disclosure of
confidential sources.
“Only when a clearly overrid
ing public need requires such dis
closure—and even then only aft
er carefully weighing the grave
risks involved—should the prose
cutors or courts attempt to take
any action that would inhibit the
freedom of the press to obtain and
report the news.
“Until the current case against
Annette Buchanan was initiated
by the district attorney of Lane
County, there had not been any
such attempt in Oregon. Now we
have before us the record of this
case. That record suggests that
the time has come to seek statu
tory recognition of the right of
newsmen to protect the confiden
tiality of their news sources when
such action is necessary to the
historic and constitutionally un
derwritten mission of the press.”
protect the identity of confiden
tial news sources.
"There are 13 states in the
nation enforcing legislation sup
porting the media and their right
to remain silent as to who and
where their news sources arc.
Whether Oregon follows In their
footsteps will depend on news
paper, radio and television indus
tries uniting together in a de
mand for such legislation,” Me
Call said Tuesday.
In an offer to officials of the
Oregon Newspaper Publishers As
sociation and the Oregon Associ
ation of Broadcasters, he said he
would push Tor an appropriate
law.
McCall, a former television
news commentator, said: “'With
out the confidence of anonymous
news sources, much of the news,
as well as answers and truths
concerning criminal actions, would
he lost. It is not realistic to ask
a news contact to Jeopardize him
self in order to expose a criminal
or unjust action.
"Since the ethic is useful be
yond doubt to a free press, then
it seems to me the law should
be changed to facilitate t h e
functioning of the ethic," he said.
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